The Most Underrated Companies To Follow In The Veterans Disability Litigation Industry

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim’s client, a 58-year-old man, is permanently disabled as a result of his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He would like to know if a verdict of a juror will affect his VA benefits. It will not. It will, however, have an impact on his other sources of income.

Can I get compensation in the event of an accident?

You could be eligible for a settlement in the event that you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement will help pay you for medical bills, lost income, and other expenses that resulted from your injury or sickness. The type of settlement you can receive will depend on whether or not your injury or illness is service-connected, what VA benefits you are eligible to receive, and the amount to treat your injury or accident.

Jim is a 58 year old Vietnam veteran, was diagnosed as having permanent disabilities because of his two years of service. He hasn’t got enough work space to be eligible for Social Security disability benefits but the VA Pension benefit that offers cash and free medical care based on financial need. He wants to be aware of how a personal injury settlement could affect his eligibility to receive this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements are the ones that are paid over a period of time instead of in one payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits as the VA will annually calculate and consider it to be income. If Jim has surplus assets after the settlement is annually adjusted then he is eligible to be eligible for the pension benefit. However the assets he has to be under a limit that the VA has set to establish financial necessity.

Do I require an Attorney?

Many service members, spouses, and former spouses have questions about VA disability payments and their impact on financial issues in divorce. Some people believe, among other things, that the Department of Veterans Affairs compensation payments can be split as an army retirement in a divorce case or that they’re “off limits” when calculating child support and Alimony. These misconceptions could lead to financial mistakes that have serious repercussions.

While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled veterans disability attorneys get the assistance of a skilled lawyer. An experienced veteran’s disability lawyer will review your medical documents and gather the necessary evidence to present a strong case at the VA. The lawyer can also help to submit any appeals you need to get the benefits you deserve.

Furthermore, the majority of VA disability lawyers don’t charge fees for consultations. In addition that the lawyer will normally be paid by the government directly out of the retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. A fee agreement could stipulate for Veterans Disability Settlement instance that the government will pay the attorney up 20 percent of retroactive benefits. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

When disabled veterans disability attorney receive compensation from the VA it is received in the form of monthly payments. The payments are intended to offset the effects of injuries, illnesses or disabilities that were sustained or worsened during the veteran’s service. The veterans disability lawsuit disability benefits are subject to garnishment just like other incomes.

Garnishment is a legal process that permits a court to make an order to an employer or government agency to deduct funds from the paycheck of a person who owes money and transfer them directly to a creditor. In the event of a divorce the garnishment could be used for child or spousal care.

There are situations where veterans’ benefits could be repaid. The most common situation involves veterans disability litigation who have waived their military retirement to receive disability compensation. In these scenarios, the portion of pension that is devoted to disability compensation can be garnished to meet family support obligations.

In other cases, a veteran’s benefits may also be seized to pay medical bills or federal student loans that are over due. In these instances a court may be able to direct the case to the VA to obtain the necessary information. A disabled veteran should seek out an experienced attorney to secure their disability benefits. This can prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans and their families. However they have their own set complications. For example the case where a veteran is divorced and is awarded a VA disability settlement, they should be aware of what effect this will have on the benefits they receive.

In this case, the main question is whether or not disability benefits are considered assets that can be divided in divorce. The question has been answered in two ways. A Colorado court of appeals ruling decided that VA disability payments were not property and therefore could not be divided this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments to pay the purpose of alimony was in violation of USFSPA.

Another issue that is related to this subject is the treatment of disability benefits for child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from utilizing disability benefits as income. However, certain states have taken different approaches. Colorado for instance, adds all income sources together to determine the amount required to support a spouse and then adds disability benefits in order to account for their tax-free status.

Additionally, it is essential for veterans to understand how their disability compensation will be affected if they are divorced and how their ex-spouses may take advantage of their benefits. By being aware of these issues, veterans disability legal can ensure their compensation and avoid any unintended consequences.